issue with architects fees

barryhk

We hired an architect for a new build project and his fees were 6% of the total construction cost, based on percentage stage payments.
All through the process his fees were calculated on £200k, until now when we are due the final 0.5% tender stage payment. The architect produced the specification and sent to tender. We have had three quotes back, all of which are unacceptable because they are all in excess of £500k for the construction cost, mainly due to the architects high specification. He is now demanding that we pay 6% of the lowest unacceptable tender And is telling us that it is up to him to decide what is an acceptable tender and not the client.we have spoken to the RIBA ,RIAS ,ARB And a solicitor and they have all stated that it is up to the client to decide what is acceptable.We have since agreed a much lower construction cost with the company that our architect is basing his bill on but he is basing his bill on the quote for his specification.We have agreed a cost on a lower specification ie. mdf skirtings instead of solid oak etc.
The architect has also put high value items in his tender Specification that weren't a requirement of planning or building control.
Is this correct that the architect can spec up the build in order to achieve a large tender price then charge us a final percentage bill based on a quote that he is accepting whilst ignoring the fact that we have a much reduced quote from the same builder.??

Jaynne

barryhk wrote: »

we have spoken to the RIBA ,RIAS ,ARB And a solicitor and they have all stated that it is up to the client to decide what is acceptable

Why are you asking on a forum when the professionals have given you an answer?

barryhk

I am asking on a forum because our architect isn't interested in what the professionals say. He has his own ideas . Just wondering if anybody else has been in the same position . Sorry I thought that was what a forum was for .

Jaynne

I think it sounds like you've got it right but IANAL. You essentially have two differing interpretations of your contract so you have the following options ahead of you either you work out an agreement, you concede their points, they concede yours or work it out in the courts.

Personally it sounds like the architect is trying a fast one but again IANAL and I've not seen your contract.

ryder72

I am no legal expert but the architect sounds like he is taking the mick. I'd offer to pay based on the quote you have agreed and if he doesn't want it, let him initiate legal action. If you are confident of the advice you have received he hasn't got a leg to stand on (I'd get the contract read by a solicitor though).

RIBA/RICS might have a complaint procedure as well if they have a code of conduct.

keystone

If his fees are based on 6% of the total construction cost and thats what the contract says then thats what you pay. Note that cost to my mind means final cost and noone is going to know that until its finished. Is his final payment due whan its finished? Are you paying him in stages? If he is being paid in stages is this just acash flow consideratiuon by him to get the £ note value of what he is due now up with a smaller figure at the back end? If you've negotiated direct with the builder have you cut him out of the loop? Is he the PM per the contract?

Too many questions to be addressed. I think you need a commercial lawyers view of the actual contract terms tbh.

Cheers

iamcornholio

The Architect works for you - you are the employer

As such, you instruct him to perform his job to your requirements. So if you say you want a high spec bathroom say, then that is what he does. If you say you then want the gold taps replaced for a bowl and jug, then that is what he must do.

Only once you agree the specification should it be tendered. And as part of his professional duties, he should have given you a clear and reasonably accurate estimate of costs before tendering

Bottom line, is that you can refuse to pay him and offer what you think is due based on your original quoted fees - ie 6% of £200k. If he disputes this then let him try and recover the extra through any RIBA arbitration or court - and see where it gets him

You seem to have one arrogant Architect there. It may be best to find one who will actually work for you and not for his own ends